In Ontario, a Motion for Security for Costs can protect you from a vexatious ex-partner. If they live out of province or constantly file frivolous claims without paying previous court cost orders, a judge can force them to deposit thousands of dollars into the Superior Court of Justice before they are allowed to continue their lawsuit.
Being dragged into family court is difficult, but it becomes a nightmare when your ex-partner weaponizes the legal system to drain your bank account. Some individuals file endless, meritless motions just to force you to pay a lawyer to defend yourself. Others may launch a massive lawsuit for spousal support or property division from another province or country, knowing that if they lose, you will have an incredibly hard time collecting legal costs from them across borders. 📈
To prevent this kind of legal abuse, the Ontario Family Law Rules (specifically Rule 24) allow you to bring a Motion for Security for Costs. This is a powerful legal shield. If successful, the judge will halt your ex-partner’s lawsuit and order them to pay money into the court’s trust account upfront to secure your future legal fees. If they fail to deposit the funds, their case can be dismissed entirely. Because this involves complex civil procedure, you should contact a seasoned family litigation lawyer from our directory to handle the motion.
Step-by-Step Process for a Security for Costs Motion
Ontario courts do not grant these orders lightly. Access to justice is a fundamental right, so you must meet strict criteria to prove that your ex-partner is an unfair financial risk. Here is the process typically followed in cities like Toronto, Kitchener, and Windsor.
Step 1: Identify the Legal Grounds (Rule 24)
Before filing anything, your law firm must ensure your case fits the legal criteria. You generally have the right to request security if your ex-partner:
1. Resides permanently outside of Ontario.
2. Has unpaid legal costs from a previous family court order.
3. Is purely vexatious and has no reasonable chance of winning their case.
If they meet any of these, you have a strong foundation for the motion.
Step 2: Draft the Notice of Motion and Affidavit
Your lawyer will draft a Form 14 Notice of Motion. You will also need to swear a Form 14A Affidavit. In this sworn statement, you will provide the judge with evidence of the ex-partner’s bad behaviour. You will attach exhibits, such as previous court orders showing they ignored cost awards, or proof that they sold their house and permanently relocated to the United States or Alberta.
Step 3: Prepare a Draft Bill of Costs
You cannot simply ask the judge for “a lot of money.” You must justify the amount you want secured. Your lawyer will prepare a detailed draft Bill of Costs. 💵 This document outlines an itemized estimate of what it will cost you in lawyer fees, disbursements, and process server fees to defend against the rest of the lawsuit all the way to trial.
Step 4: Serve and File the Motion
The motion paperwork must be served on your ex-partner’s legal counsel (or directly to them if they are self-represented) and filed at the local Superior Court of Justice. The court will then assign a date for a judge to hear the arguments.
Step 5: Attend the Motion Hearing
At the hearing, your lawyer will argue that without security, you will suffer severe financial prejudice. If the judge agrees, they will issue an Order for Security for Costs. The order will specify exactly how much CAD the ex-partner must pay into the Accountant of the Superior Court of Justice, and set a strict deadline. The case is usually “stayed” (paused) until they pay.
How Much Does it Cost in Ontario?
Bringing this motion requires an upfront investment in legal fees, but it can save you tens of thousands of dollars in the long run. Estimated costs as of May 2026 include:
| Legal Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| Motion Filing Fee (Form 14) | $127 | Mandatory fee payable to the Ontario government. |
| Lawyer Retainer for Motion | $2,500 – $6,000+ | Drafting the affidavits and arguing the motion before a judge. |
| Security Amount Ordered | $5,000 – $50,000+ | The amount the ex-partner is forced to deposit into court. |
How Long Does the Process Take?
Drafting the motion materials can be done by a competent law firm within 1 to 2 weeks. However, securing a motion date at a busy courthouse like Toronto or Brampton generally takes 2 to 4 months. Once the judge makes the order, the ex-partner is typically given 30 to 60 days to deposit the required funds into the court. ⌛
Frequently Asked Questions (FAQ)
What happens if my ex-partner cannot afford to pay the security?
If your ex-partner is genuinely destitute, they can argue against the motion by proving “impecuniosity.” They must provide deep financial evidence to the judge showing they have absolutely no assets. If they prove this, the judge may refuse your motion to avoid denying them access to justice.
What happens to the money if they lose the trial?
If the ex-partner deposits the security into the court, proceeds to trial, and loses, the judge will order costs in your favor. The court will then release the deposited funds directly to you or your law firm to pay your legal bills.
Can their entire case be dismissed if they don’t pay?
Yes. If the strict deadline set by the judge passes and the ex-partner has not deposited the funds, your lawyer can bring a subsequent motion to have their pleadings struck out and their entire case dismissed for failing to comply with a court order.
Does this apply to decision-making responsibility cases?
While you can legally ask for it, judges are extremely hesitant to order security for costs if the case is primarily about parenting time and decision-making responsibility for children, as the court’s priority is the best interests of the child, not financial penalties.
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